November 16, 2007 VIA ECFS Ms. Marlene H. Dortch, Secretary
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2300 N STREET, NW SUITE 700 WASHINGTON, DC 20037 TEL 202.783.4141 FAX 202.783.5851 www.wbklaw.com November 16, 2007 VIA ECFS Ms. Marlene H. Dortch, Secretary Federal Communications Commission 445 Twelfth Street, S.W., Room TW-B204 Washington, D.C. 20554 Re: MB Docket No. 03-15 Grant Media LLC (FRN 0001-7342-76) WLAX-DT, LaCrosse, Wisconsin (Facility ID No. 2710) Request for Further Extension of DTV Maximization Interference Protection Deadline Dear Ms. Dortch: This letter is submitted on behalf of Grant Media LLC (the “Company”), the licensee of television station WLAX(TV), and permittee of WLAX-DT, LaCrosse, Wisconsin pursuant to the Commission’s May 18, 2007 Order, FCC 07-90, in which the Commission granted the Company an extension of six months to construct and operate full, authorized DTV facilities for WLAX-DT while retaining interference protection for its authorized DTV service area. By this letter, the Company requests a further extension of the deadline due to severe financial constraints to enable it to complete construction of its proposed DTV station. The Company is also the licensee of television station WEUX(TV), Chippewa Falls, Wisconsin (“WEUX”). The La Crosse-Eau Claire, Wisconsin DMA is ranked as the number 127 market by Nielsen.1 WLAX and WEUX are affiliates of the Fox Broadcasting Company. WEUX operates on analog Channel 48 and filed a channel election for a tentative DTV channel designation on Channel 49. WLAX operates on 1 Television & Cable Factbook 2007, p. C-38. Ms. Marlene H. Dortch, Secretary November 16, 2007 Page 2 analog Channel 25 and filed a channel election for a tentative DTV channel designation on Channel 17. By Public Notice dated June 23, 2005, DA 05-1743, the Media Bureau tentatively granted each station’s digital channel election. Pursuant to a grant of special temporary authority (“STA”) subsequently renewed several times, the Commission has authorized WLAX-DT to operate at reduced power. The most recent application to renew the STA was granted on August 21, 2007, for a period expiring February 21, 2008.2 In the DTV Order, the Commission generally established a July 2006 construction deadline for stations not in markets 1-100 to retain interference protection within their maximization service areas.3 The Commission, however, recognized that some stations would be unable to provide the required service by the deadline due to “severe financial constraints” or other circumstances beyond a station’s control.4 On July 5, 2006, the Company filed a request for a waiver and extension of the July 2006 deadline for WLAX; and (as noted previously) on May 18, 2007, the Commission granted WLAX-DT a six- month extension. By the instant letter, the Company requests a further extension of time to complete the build-out of WLAX-DT based on “severe financial constraints.” These financial constraints are described in Exhibit 1, which is being filed under separate cover with a request for confidential treatment based on the fact that the financial information provided is proprietary and not customarily disclosed to the public. In addition to the severe financial constraints that Exhibit 1 sets forth in numerical detail, the digital build-outs for WLAX-DT and its sister station WEUX-DT were severely hindered and delayed by the long sickness and eventual death of the Company’s ultimate controlling shareholder, CEO, and almost-exclusive decision-maker, Milton Grant. Milton Grant’s long and distinguished career as a television broadcaster and station owner is well known to the Commission. Mr. Grant held and retained until his death the exclusive prerogative to authorize the necessary construction and equipment contracts for the station. Due to Mr. Grant’s deteriorating health starting in early 2006, however, the day-to-day decision making, planning, and implementation regarding the station’s DTV transition became compromised as decisions on what course to take and which contracts to execute were delayed. The death of Mr. Grant on April 28, 2007, also had a devastating impact on the Company and its sister stations. The Grant corporate 2 See CDBS File No. BEDSTA-20060627AEV. 3 DTV Order at ¶¶ 3 and 78. 4 Id. at ¶¶ 83 and 87. Ms. Marlene H. Dortch, Secretary November 16, 2007 Page 3 leadership team needed several months to complete a financial and managerial reorganization. In the midst of this significant restructuring, the company moved aggressively towards the resolution of the various construction and equipment issues. Despite severe financial constraints and these other difficult circumstances that were beyond the station’s control, the Company now is on target to move forward expeditiously to completion of the WLAX-DT build-out. For example, the Company has completed the structural analysis of the tower on which the DTV antenna will be placed and has executed the contract for the required tower strengthening and the installation of a new bypass transmission line. It also has completed the engineering studies necessary to identify the appropriate DTV antenna and otherwise to optimize the WLAX-DT maximization facilities, and it shortly will submit an application to modify its construction permit to authorize a side-mounted antenna rather than a top-mounted antenna, while retaining essentially the same coverage contour as currently authorized. The Company also has ordered the Axcera digital antenna and transmitter. As these actions indicate, significant progress has been made despite the financial constraints discussed in Exhibit 1 that are confronting the Company. Grant of the requested extension will allow the Company to complete the DTV build-out for WLAX-DT. Any questions regarding this request for a waiver and further extension of the maximization deadline should be directed to the undersigned. Sincerely, WILKINSON BARKER KNAUER, LLP /s/ By: Kenneth E. Satten Timothy J. Cooney cc: Shaun Maher .